Tajjmul Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4812 of 2019 Arising Out of PS. Case No.-309 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== 1.

Tajjmul Mian, son of late Habib Mian 2.

Soweda Khatoon wife of Tajjmul Mian Both are Resident of Bela, P.S.-Ramgarhwa, District -East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 The petitioners apprehend their arrest in connection with Raxaul P.S.Case No. 309 of 2018 registered under Sections 363A, 366A and 370 of the Indian penal Code. Allegation as per complaint petition is that co-accused persons took the daughter of the informant to Dankan Hospital saying that her relative is admitted in hospital and her parents is also there. When she reached there, she did not find her parents and petitioners are named in the FIR.

Submission of learned counsel for the petitioners is that though petitioners are named in the FIR but no specific overt act has been attributed against them and whatever allegation of kidnapping and rape is concerned that is against another accused

Patna High Court CR. MISC. No.4812 of 2019(3) dt.12-03-2019 2/2 persons and not by the petitioners.

Heard learned APP and learned counsel for the informant who oppose the prayer for anticipatory bail of the petitioners stating that they were present in Bolero vehicle when she was taken and she was administered some drink due to which she became unconscious.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Raxaul at Motihari in connection with Raxaul P.S. Case No. 309 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that they shall co-operate in investigation.

(Vinod Kumar Sinha, J) sujit/- U T